Legal Guidance For Those Impacted By Catastrophic Work Injuries In Florida

Suffering catastrophic workplace injuries can be life-altering, leaving victims and their families to cope with overwhelming new challenges. Adapting to catastrophic injuries requires extensive treatment and care, but will your workers’ compensation claim cover your needs?

At Matheson and Horowitz in Vero Beach, Florida, we can provide you with compassionate and comprehensive legal support. Our attorneys have a strong commitment to those severely injured on the job. We offer free consultations, and our no-win, no-fee promise means you do not pay unless we secure the compensation you deserve.

Examples Of Catastrophic Occupational Injuries

Catastrophic injuries in the workplace can happen in an instant, yet have lasting consequences. Examples include:

• Spinal cord injuries leading to paralysis
• Brain injuries causing substantial cognitive impairment
• Amputations and dismemberment
• Severe burns resulting in scarring or disfigurement
• Loss of sight or hearing
• Organ damage affecting vital functions

Injuries like these often require long-term medical care, rehabilitation and adaptive living arrangements. With a well-prepared workers’ compensation claim, you have better odds of getting the benefits necessary to navigate your new reality.

The entire Matheson and Horowitz team is dedicated to helping victims of these tragic circumstances find a path to physical recovery and financial stability.

Catastrophic Work Injuries In Florida: Understanding Your Rights And Benefits

At Matheson and Horowitz, our attorneys understand that catastrophic work injuries can devastate lives, leaving workers and their families facing overwhelming challenges. These severe injuries often require extensive medical treatment, rehabilitation and long-term care while simultaneously preventing individuals from returning to work.

We are dedicated to helping injured workers navigate Florida’s complex workers’ compensation system to secure the benefits they deserve during these challenging times.

What Qualifies As A Catastrophic Injury In Florida Workers’ Compensation?

In Florida, the workers’ compensation system recognizes specific injuries as “catastrophic” due to their severe and life-altering nature. These injuries typically result in permanent impairment and significantly impact a person’s ability to perform daily activities or return to gainful employment.

These devastating injuries often occur in high-risk industries such as construction, manufacturing, transportation and health care. Common causes include falls from heights, equipment malfunctions, vehicle accidents, explosions and exposure to toxic substances.

When an injury is deemed catastrophic, the workers’ compensation benefits available to the injured worker are typically more extensive than those for less severe injuries. This classification acknowledges these injuries’ profound impact on a person’s life and future earning potential.

Workers who suffer catastrophic injuries may face additional hurdles in the claims process, as insurance carriers might contest the catastrophic designation to limit benefit exposure. The difference between a standard claim and one classified as catastrophic can mean hundreds of thousands of dollars in additional benefits over a lifetime. This is why proper medical documentation and legal representation are crucial from the earliest stages of a claim. At Matheson and Horowitz, our attorneys work closely with medical professionals to establish the full extent and long-term implications of serious workplace injuries.

Benefits Available For Catastrophic Work Injuries In Florida

Workers who suffer catastrophic injuries on the job in Florida may be eligible for several types of benefits through the workers’ compensation system:

Medical Benefits

All necessary medical care related to the work injury should be covered, including emergency treatment, hospitalization, surgeries, medications, rehabilitation therapies, medical equipment and home modifications. For catastrophic injuries, these benefits are often lifetime benefits, recognizing the ongoing nature of treatment required.

Temporary Total Disability Benefits

While recovering from a catastrophic injury, workers may receive temporary disability benefits equal to approximately two-thirds of their average weekly wage, subject to state maximums. These benefits continue until the worker reaches maximum medical improvement.

Permanent Total Disability Benefits

When a catastrophic injury prevents a worker from returning to employment, permanent total disability benefits may be awarded. These benefits can continue until the worker reaches age 75 and are calculated at approximately two-thirds of the worker’s preinjury average weekly wage.

Vocational Rehabilitation

Vocational retraining services may be provided for those who may be able to work in some capacity after rehabilitation to help the injured worker develop new skills compatible with their physical limitations.

Attendant Care Benefits

Workers with catastrophic injuries often require assistance with daily activities. Workers’ compensation may cover the cost of attendant care services provided by professionals or family members.

Securing appropriate benefits for catastrophic injuries is often complex and may require substantial documentation and advocacy. Working with a workers’ compensation attorney who understands the nuances of catastrophic injury claims can significantly improve the level of benefits received.

Benefits For Family Members After Fatal Work Injuries

When a catastrophic work injury results in death, certain family members may be eligible for death benefits through the Florida workers’ compensation system. These benefits help families cope with the financial impact of losing a loved one and primary wage earner.

Eligible dependents typically include:

• Surviving spouses
• Minor children
• Adult children who are full-time students (up to age 22)
• Adult children who are disabled and dependent on the deceased worker
• Parents or siblings who were financially dependent on the deceased worker

Benefits available to surviving family members may include:

• Funeral and burial expenses: Workers’ compensation provides a benefit to cover reasonable funeral and burial costs up to the maximum amount established by Florida law.
• Death benefits: Surviving dependents may receive weekly compensation benefits based on a percentage of the deceased worker’s average weekly wage. These benefits are typically paid for a specified period, with the duration depending on the relationship to the deceased and other factors.
• Educational benefits: In some cases, surviving spouses may be eligible for educational benefits to help them acquire skills necessary to enter the workforce.

Navigating the claims process during a time of grief can be particularly challenging. Our workers’ compensation attorneys can provide compassionate guidance through this complicated process, ensuring family members receive all benefits to which they are entitled.

Challenges In Catastrophic Injury Claims

Catastrophic work injury claims often face unique challenges in the workers’ compensation system. Insurance carriers may dispute the extent of injuries or attempt to attribute them to pre-existing conditions. Additionally, calculating the actual lifetime cost of catastrophic injuries requires specialized knowledge of medical projections and life care planning.

We frequently see disputes arise regarding the necessity of specific treatments, home modifications or assistive technologies. Determining maximum medical improvement can also become contentious in catastrophic cases, as some conditions may evolve over time. Furthermore, insurance companies sometimes attempt to terminate benefits prematurely by arguing that an injured worker could perform some employment, even when such opportunities are not realistically available.

Our approach involves thorough documentation of the injury and its impacts, collaboration with medical and vocational specialists and persistent advocacy throughout the claims process. We understand that catastrophic injuries affect not just the injured worker but the entire family unit, creating financial, emotional, and practical challenges that require comprehensive solutions and dedicated legal representation.

Catastrophic Work Injuries Need Experienced Representation

When facing the aftermath of a catastrophic work injury, you need a lawyer who understands Florida law and the profound impact of your injuries.

Our lawyers know how to handle these complex cases, helping you obtain coverage for often overlooked necessities, such as:

• Wheelchairs
• Ramps and lifts
• Durable medical supplies
• Special accommodations
• Transportation services
• Home modifications

We know what benefits to seek after catastrophic injuries and how to present a persuasive claim.

Call Us To Guard Your Benefits

When everything is on the line after a catastrophic work accident, experienced representation can make a significant difference. Call our Vero Beach office at 772-571-4109 or fill out our online contact form for a free consultation. You will not pay a cent unless we recover the workers’ compensation benefits you need and deserve.